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(영문) 춘천지방법원 영월지원 2013.06.25 2013고단211
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to a summary order of a fine of three million won for larceny, etc. on February 5, 2002 at the Young Branch of the Chuncheon District Court, and on September 8, 2009, in the Young Branch of the Chuncheon District Court, four months of imprisonment with prison labor for night building intrusion, larceny, etc., and eight months of imprisonment with prison labor for night building intrusion, robbery, etc. at the Chuncheon District Court on November 6, 2009, and on March 30, 2010 during the execution of the sentence, the parole was released on March 30, 2010 and the parole period passed on April 3, 2010.

1. At around 15:30 on January 7, 2013, Defendant A carried out a bank with KRW 20,000,000 in cash, with a resident registration certificate owned by the victim F, one deposit passbook, one credit card, one credit card, and 20,000,000, belonging to the victim’s vehicle at the back glass of the driver’s seat of G vehicle owned by the victim F.

From January 7, 2013 to April 25, 2013, the Defendant stolen goods worth KRW 45,135,000, in total, on 35 occasions, as indicated in the attached crime sight table 1, as well as those indicated in the attached Table 1.

Accordingly, the defendant habitually stolen the victims' property.

2. Defendant B is a person engaged in sales business of precious metals with the trade name “I” in Gangwon-gun, Gangwon-gun H.

On December 2, 2012, the Defendant purchased approximately KRW 600,000,00 of the market price of the victim who was stolen by A from the “I” precious metal store at the end of the foregoing “I” store (3).

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the identity, etc. of A, and by properly examining the details of acquisition of precious metals, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant purchased one of the above gold Bans in KRW 600,000 by negligence when he neglected such care.

In addition, the Defendant is also indicated in attached Table 2 from the end of December 2012 to the end of March 2013.

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